Huber and Antilla Construction v. Carpenters Local 470, United Brotherhood of Carpenters and Joiners of America, Afl-Cio

Carpenters Local 470, United Brotherhood of Carpenters and Joiners of America, AFL-CIO (“Union”) appeals from the district court judgment awarding Huber and Antilla Construction (“Huber and Antilla”) damages for losses caused by construction delays that resulted from Union picketing. The district court held that the Union’s picketing of Huber was unlawful.

For the reasons set forth below we conclude that the picketing was lawful and, therefore, the Union is not liable for the losses suffered by Huber.

PERTINENT FACTS

Huber and Antilla is a general contractor. In May of 1974 Huber and Antilla commenced construction of a 50-unit apartment project. It’s employees did the carpentry and other general labor. Huber and Antilla also engaged approximately 16 contractors for the project.

On July 11, 1974, the Union commenced picketing the project with signs that stated: “Huber Antilla Construction, Unfair, Local 470, substandard wages and conditions, AFL-CIO.” Huber and Antilla did not have a collective bargaining agreement with the Union.

On July 17, 1974, Huber and Antilla notified the Union by telegram as follows:

Donald B. Antilla, a partner of Huber and Antilla, testified that…